JUDGMENT OF THE COURT
Adopt A Light Limited (the company), which is the appellant before us, is a pioneer of sorts. Under the tutelage of its founder and indefatigable Chief Executive, Ms. Esther Muthoni Passaris, it established and cut out an enviable niche for itself in the business of commercial advertising on street light posts. In the year 2002 it proposed to the City Council of Nairobi (NCC), which agreed to allow the company to adopt street lights on various streets of the city which it would maintain, and in turn be allowed to lease out advertising space to any willing party. The agreement was dated 28th March, 2002. A subsequent variation of the agreement was for the company to instal street lighting on other streets where none existed and use the lighting posts for commercial advertising. The business thrived, and so did the envy of other persons who found out that it was lucrative.
Four years down the line, in the year 2006, the company was shocked when the NCC attempted to t…